How to Expunge a Misdemeanor in Indiana?
If you have a misdemeanor conviction on your record in Indiana, you may be eligible to have it expunged. Expungement is the process of sealing or destroying your criminal records, allowing you to move forward with your life without the stigma of a criminal conviction. In this article, we will guide you through the process of how to expunge a misdemeanor in Indiana.
Eligibility for Expungement
Before we dive into the process, it’s essential to understand who is eligible for expungement in Indiana. According to Indiana Code 35-38-9-2, you may be eligible for expungement if:
- You were convicted of a misdemeanor offense and have completed your sentence
- You were not convicted of a misdemeanor offense that is a crime of domestic violence or a crime committed against a child
- You have not been convicted of a felony offense within the past 10 years
- You have not been convicted of more than two misdemeanor offenses within the past 5 years
- You have not been convicted of a misdemeanor offense that is a crime of domestic violence or a crime committed against a child within the past 5 years
The Expungement Process
The expungement process in Indiana involves several steps:
- Step 1: Determine Eligibility: Review the eligibility criteria outlined above to determine if you are eligible for expungement.
- Step 2: Gather Required Documents: Gather the following documents:
- A certified copy of your conviction record
- A copy of your sentencing order
- A copy of your proof of completion of sentence (e.g. proof of community service, proof of payment of fines)
- Step 3: Fill Out the Petition: Fill out the petition for expungement (Form Expungement 2) and attach the required documents.
- Step 4: File the Petition: File the petition with the court where you were convicted.
- Step 5: Wait for the Court’s Decision: Wait for the court to review your petition and make a decision.
Timing and Fees
- Timing: The expungement process typically takes 3-6 months.
- Fees: There is a filing fee of $135.50 for the petition for expungement. You may also need to pay additional fees for certified copies of your conviction record and sentencing order.
Types of Misdemeanors that Can be Expunged
The following types of misdemeanors can be expunged in Indiana:
- Public Intoxication: A conviction for public intoxication can be expunged.
- Disorderly Conduct: A conviction for disorderly conduct can be expunged.
- Possession of Marijuana: A conviction for possession of marijuana can be expunged.
- Petty Theft: A conviction for petty theft can be expunged.
Exceptions to Expungement
The following types of misdemeanors cannot be expunged in Indiana:
- Crimes of Domestic Violence: Convictions for crimes of domestic violence, such as battery or strangulation, cannot be expunged.
- Crimes Committed Against a Child: Convictions for crimes committed against a child, such as child molestation or child pornography, cannot be expunged.
- Drug-Related Offenses: Convictions for drug-related offenses, such as drug trafficking or drug possession with intent to distribute, cannot be expunged.
Conclusion
Expunging a misdemeanor conviction in Indiana can be a valuable opportunity to start fresh and move forward with your life. By understanding the eligibility criteria, the expungement process, and the types of misdemeanors that can be expunged, you can take the first step towards a brighter future.
Frequently Asked Questions
- Q: Can I expunge a felony conviction in Indiana?
A: No, felony convictions cannot be expunged in Indiana. - Q: Can I expunge a conviction for a crime of domestic violence or a crime committed against a child?
A: No, convictions for crimes of domestic violence or crimes committed against a child cannot be expunged in Indiana. - Q: How long does the expungement process take?
A: The expungement process typically takes 3-6 months. - Q: How much does it cost to expunge a misdemeanor conviction in Indiana?
A: The filing fee for the petition for expungement is $135.50.
Table: Expungement Eligibility Criteria
| Criteria | Description |
|---|---|
| Conviction Type | Misdemeanor offense |
| Sentence Completion | Completed sentence |
| No Felony Convictions | No felony convictions within the past 10 years |
| No Multiple Misdemeanor Convictions | No more than two misdemeanor convictions within the past 5 years |
| No Domestic Violence or Child-Related Convictions | No convictions for crimes of domestic violence or crimes committed against a child |
Bullets List: Required Documents
- Certified copy of conviction record
- Copy of sentencing order
- Copy of proof of completion of sentence (e.g. proof of community service, proof of payment of fines)
I hope this article has provided you with a comprehensive guide on how to expunge a misdemeanor in Indiana. Remember to review the eligibility criteria, gather the required documents, and fill out the petition carefully to ensure a successful expungement.
